The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-22

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| League and might well have it.
Q-When you and Metcalf parted on the street rec.
calf 60 what did he in reference to where he
was goingf
told him Coy was at the Grand Hotel; and stopped
| at that corner.
Q.-was the place you and he parted in the direc
ton of the Grand Hotel from his object
| A.-Yes, sir.
with Coy and Span in Spans office afterward. and
| when it was.
! Q-Were you before arrested and taken before
| a commissioner of this COURT
| Q-What occurred between you and Coy and Spaan
with reference to what should testify before the
Attorney McNutt-Is this proper. your Honora We
| The Court-Is there a time when party own acts
cease to have significance? An admission would be
one thing and the setting up of false testimony would
| be another. 1t is not to prove the conspiracy
but the parties in the conspiracy. The record will
show what objections are made.
The Witness (resumng)It said that should tes-
ty that took these into the water-closet
in the ante-room next to Circuit Court glanced
at them and saw they all right and handed them
back to him. Mr.. Spann made this suggestion Mr.
| Q.-What con ersation had you with Mr. J. E. Sui
livan with reference to the of that litigation,
| and to his having contributed money to influence
| former grand jury of this with reference to
these frauds shortly after the grand jury
! investigation!
| Al had any conversation with him about
/ that
| Q.-What with Henry Span any of the others
with reference to fund to be used to influence the
/ grand jury of this courr2
Mr. SPaan-There are two objections to that ques-'
| ton First the assumption that fund was raised,
and next that it was used to influence grand jury.
The Court-lt does not assume
The Witness tresuming)-I had very little CONVEX
sasGn with him IN regard to that fund After the in
left note on my table for me at my office to
me into a back room. He said he wanted some money
and wanted it bad-wanted $50 at once. Ibid not
have then After dinner ne was at my office and h
United States Court and went to Jail, l asked Henry
Penses He said they had raised Ss 100 and had
unusual expenses-that they had to influence men
| Q.-What conversation did you have in reference
to this transaction with Dr. Metcaf after these tally
sheets were changed at time from that time until
| this
Al had no regular conversation with him.
Q-Had you any conversation with regard to these
Ale spoke me; said nothing him. While
came to me and asked if the Fourth ward was in. 1
said, No" He said. 1T will be dandy when it
comes
Odd you have any conversation with Metcalf a
few days snce7
A.-Nothing material
Q.-Was anything mentioned any reference made
to acids procured by you or Dr. Metcalfa
thing about it. laughed, and said he ought not to
talk that way to me- He scratched his head and
Q.-What conversation did you have with Simeon
COY WITH reference TO that OF the ooards
hamer.
Q-What did you do?
Al asked him.
Q-What, if any, conversation did you have with
John E. Sullivan during the meeting of the board of
canvassers with reference to procuring papers of
electionf
Ale asked me to get the ones from the upper
precinct in my ward asked him if ne hadn't enough.
He said yes" but he wanted to get for his
friends. The only time | saw Mr.. Budd was in the
evening. | was sitting the sofa in the judges
room talking to Smith Meyers. Sullivan talking
to some gentleman with a lame foot and somebody
else They went out and moment after that John
Bowus came running through Sullivan told Budd
to follow after him. Budd came back afterwards and
said they got away"
Q.-Who were these gentlemen who had gone
AIR Lemon and Mr. Baker, think Bakerh
lame foot.
Q-Do you know whether not Baker off,
of election.
Ale inspector at Belmont West Indian
apolis, stockyards.
Mr.. Sellers in this connection ofe red in evil
dence the election papers of the sixth precinct
Center township. known Belmont. of which
Mr.. Baker was inspector, and asked the jury
to inspect the changes made on the talIy-sheet.
Question-Mr. Perkins you may examine that
tally sheet and see whether there indications
of change in it.
Answer never it before but it appears to
Jason B. Brown-If your Honor please object TO
this testimony. The obtaining of tally sheet from
election officer the causing of election officer
to part with his possession and dominion tally
sheet. under the law of Congress and the law of
Indiana which Congress has adopted respecting the
condnct of elections, constitutes crime complete
within itself and all its parts and provisions, and the
cause of the parting with the custody of it by
the officer in whose custody it should BEEN that
constitutes crime complete within itself, for which
the officer any conspiring to have the officer
TO part possession OF IT IS amenabie under the law:
not be heard to establish to help in establish
fishing the guilt of person in another crime even if
it is of the grade character except in
that Mr.. Bynum well referred to- Where the
guilty motive where the guilty knowledge, where the
guilty intent is the element, in most crimes it is,
smp for the purpose of proving guilty knowledge
guilty intent, it is sometimes allowed The
why this evidence is allowed is this person is
liable to trial but once for the same ofense IT, there
FORE this evidence to the to aid in fastening
these defendants
and afterwards they are needed for the identical
who will pretend to that there has not been the
evidence here against the defendant the
two separate charges and upon the trial 1t is
for that and for that alone that law
is understand that indictments now pending in
this against some of these Defendants least
for of these tally offered in evidence.
VIII your Honor sit here and let that evidence to
the jury to convict in and then afterwards
sit here and let evidence be heard by another
jury in another case agaidst the same defendants!
Most certainly not because it would be violation of
the law we'll the fundamental law of this
try that evidence be heard against accused
The Court-The doctrine is familiar the general |
doctrine that the counsel cited But it is subject
exception where there is apparent connection and
there is such apparent connection between them |
that the jury may well infer that the set of is
completely of another Intention may or may not be
necessary in charging crime but it become
material in limiting the scope of proof The crime |
may be in law without averring any intent and
yet in the development of the evidence an intent is
shown that through series of actions it may so
couple series OF actions together as to make them
of competent proof. AS to the question of whether
this proof could be admissible in another trial when
that trial comes up will be the time to settle that.
The introduction of the Belmont tally sheet |
altered is something in the nature of a recent |
discovery This tally sheet did not appear at all |
in the investigation before Commissioner Van
Buren,, and was brought to light by the recent
United States grand jury. The tally-sheet of
the Belmont precinct here handed to the |
jury and where the vote for criminal judge ap-
peared it was indicated that changes had been
made. The difference was pointed out between
the tally sheet vote which was thus changed and
the vote In the certificate which had not been
changed Mr.. Sellers resumed the examination
of the witness, Mr.. Perkins, who in answer to
questions said that the number of the room in
which the tally sheets were changed was SO, in
the courthouse, on the same floor and same side |
as the Circuit Court room. He also explained
that in speaking of Coy, Span, Sullivan, Beck,
Bernhamer and others mentioned he meant the |
defendants this case. He then CROSS |